September 12, 1995
From Correspondent Anne McDermott
LOS ANGELES (CNN) -- Gloves O.J. Simpson wore in a photograph are the same model as gloves found at the murder scene and behind his house, glove expert Richard Rubin testified Tuesday.
Rubin, who was called back to the stand for the prosecution's rebuttal case, said he was 100 percent positive the gloves are the same unique model.
The jury has already heard testimony that Simpson's ex-wife Nicole Brown Simpson bought two pairs of the unusual gloves in December, 1990, three-and-a-half years before she was murdered.
Earlier in the trial, Rubin testified the brown gloves found at the crime scene and at Simpson's house were Aris Isotoner Lights, size extra-large. He said only about 200 pairs were sold that year by Bloomingdale's department store.
In front of the jury, Rubin analyzed videotape and photos that showed Simpson wearing brown gloves. Rubin said he recognized four characteristics of the gloves: a palm vent, stitching, the hem and "points." He said he was unable to see the lining, another characteristic that could identify the gloves.
Rubin, who said he has worked with gloves for 15 years, said it was not hard for him to recognize the model.
He also said the gloves on the video appeared to have been absorbing water. Simpson was broadcasting a football game in the rain at the time. In June, Simpson struggled to try on the gloves in court and told the jury they didn't fit. The prosecution contended that he was either faking or the gloves had shrunk.
Rubin looked at several different photos of Simpson wearing the gloves between 1991 and 1994. In each case, Rubin said the characteristics were the same as the gloves found at the murder scene and at Simpson's house following the murders of Nicole Brown Simpson and Ron Goldman in June 1994.
Rubin said a black pair of gloves Simpson was photographed wearing were also rare Aris Isotoner Lights.
Prosecutor Christopher Darden showed Rubin a receipt from Nicole Brown Simpson that indicated she bought two pairs of the gloves in December 1990.
When shown the murder scene gloves, Rubin again said they appeared to be the same Aris Light model. He said a new pair of extra-large gloves would fit Simpson. Rubin had measured Simpson's hand when he previously testified.
A defense effort to prevent the prosecution's use of new DNA evidence in their rebuttal case is under review by Judge Lance Ito.
The blood samples in question were taken from Simpson's Bronco. Prosecutors say they include DNA from Simpson and murder victim Goldman.
Simpson lawyer Barry Scheck argued outside the presence of the jury that prosecutors purposefully delayed the DNA testing for more than a month after Ito approved it March 22. Scheck said they were "sandbagging," hoping to use the evidence late in the trial so it would seem to have more weight with the jury.
"There can be no question about it," Scheck said Tuesday. "It was in bad faith, and it is arrogant."
Gary Sims, the California State Crime Lab expert who performed the tests, said he waited until April 25 before he began planning the tests. He started the actual testing on June 7.
Deputy District Attorney Brian Kelberg denied the delay was part of prosecution strategy. He said it was due to Kelberg's workload and the great care he took in doing his job.
Scheck said the results should have been included in the state's direct case. He said they were not rebuttal material, since there was nothing in the defense presentation to which they would be directly related.
Ito said he would rule on the DNA evidence after reviewing earlier testimony and exhibits.Related Stories:
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